1. Is it possible to change lawyers during the review and prosecution stage?
You can change lawyers because these are general agency contracts. If you are not satisfied with your lawyer, you can hire another lawyer. According to Article 59 of the Civil Procedure Law, when entrusting another person to act as an agent in litigation, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must specify the entrusted matters and authority. Litigation agents must have special authorization from the client to admit, abandon or change litigation claims, conduct settlements, file counterclaims or appeals on their behalf. In practice, to change the authorized agent, you or the new authorized agent should submit a new power of attorney and an application to change the authorized agent to the court.
Second, according to the Civil Procedure Law
there are three methods for entrusting litigation agents:
First, parties residing in China hire litigation agents If an agent is litigating on his behalf, the client and the client shall prepare a power of attorney and submit a copy to the People's Court. This is the common and most common way of retaining litigation representation. The principal mentioned here must be a party with capacity for civil conduct or the legal representative of a party without capacity for civil conduct; the scope of trustees can be the close relatives of the parties and people recommended by their units, and other citizens permitted by the people's court. , or people recommended by lawyers or social groups. The power of attorney must specify the entrusted matters and authority. If a minor specifically authorizes a trustee, he or she must clearly state the authority of the litigation agent to admit, waive, change claims, reconcile, file counterclaims or appeal on his behalf.
Second, the party concerned is a Chinese citizen living abroad. The way to entrust a litigation agent is: the power of attorney sent or entrusted from the country of residence must be authenticated by the Chinese embassy or consulate in that country. If there is no embassy or consulate, it shall be authenticated by the embassy or consulate of a third country that has diplomatic relations with the Chinese people and country, and then by the Chinese embassy or consulate in that third country. Or certified by local patriotic overseas Chinese organizations.
3. Foreigners, stateless persons, and foreign enterprises or organizations not residing in China hire Chinese lawyers or others as litigation agents: the client prepares a power of attorney, which is notarized by the notary office of the country where the country is located, and the Chinese Embassy in China After certification by the embassy or consulate of that country, or other certification procedures stipulated in the relevant treaty concluded between China and that country, it can be sent to the people's court of the respondent in the lawsuit, and it will have legal effect.
The specific circumstances of changing a lawyer during the prosecution stage must be reviewed based on the actual criminal facts. In particular, the contract for the lawyer to provide legal services needs to be agreed upon by both parties. If the relevant situation is unclear, you can consult the judicial authorities to avoid errors in the application of the law.